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TODD CONST., L.P. v. U.S.

No. 2010-5166.

656 F.3d 1306 (2011)

TODD CONSTRUCTION, L.P., (Formerly Known as Todd Construction Co., Inc.), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 29, 2011.

Attorney(s) appearing for the Case

Marvin Laws , Hayes Magrini & Gatewood, of Oklahoma City, Oklahoma argued for plaintiff-appellant. With him on the brief was Robert L. Magrini.

Matthew H. Solomson , Trail Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director.

Before LINN, DYK, and PROST, Circuit Judges.

DYK, Circuit Judge.

Todd Construction, L.P. ("Todd") is a government contractor. Todd filed suit in the Court of Federal Claims ("Claims Court") under the Tucker Act, 28 U.S.C. § 1491, and the Contract Disputes Act ("CDA"), 41 U.S.C. § 601 et seq., alleging that the United States Army Corps of Engineers (the "government") gave it an unfair and inaccurate performance evaluation. The Claims Court held that the CDA provided it with subject matter jurisdiction...

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